Writs of Assistance and Stop and Frisk and other 4th Amendment challenges
Under British rule, British officials in the Colonies were given Writs of Assistance to enforce the tax acts of the 1770's. Because one of the American responses to the taxation was smuggling in goods to avoid taxes and duties, these blanket search warrants allowed British Officials to inspect ships cargoes and warehouses without giving a reason. They didn't need probable cause to search for contraband. It was alleged that these policies were used by the British to specifically harass known Patriots. They were defended as being necessary to the upholding of Law and Order.
Here is the text of the 4th Amendment to the Constitution... part of the Bill of Rights that was directly inspired by British Actions towards the colonies prior to the Revolution that we didn't want to allow any American government to ever repeat.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
In recent years, a number of large cities including New York and Philadelphia have been carrying out stop and frisk policies. This is where police profile civilians and on a hunch, they stop and search them for illegal items in the name of public safety. It has been alleged that these policies have been used predominantly against minorities.
Writs of Assistance and Stop and Frisk and other 4th Amendment challenges
Under British rule, British officials in the Colonies were given Writs of Assistance to enforce the tax acts of the 1770's. Because one of the American responses to the taxation was smuggling in goods to avoid taxes and duties, these blanket search warrants allowed British Officials to inspect ships cargoes and warehouses without giving a reason. They didn't need probable cause to search for contraband. It was alleged that these policies were used by the British to specifically harass known Patriots. They were defended as being necessary to the upholding of Law and Order.
Here is the text of the 4th Amendment to the Constitution... part of the Bill of Rights that was directly inspired by British Actions towards the colonies prior to the Revolution that we didn't want to allow any American government to ever repeat.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.In recent years, a number of large cities including New York and Philadelphia have been carrying out stop and frisk policies. This is where police profile civilians and on a hunch, they stop and search them for illegal items in the name of public safety. It has been alleged that these policies have been used predominantly against minorities.
Here are two opposing viewpoints:
Against Stop and Frisk
In Support of Stop and Frisk
What do you think? Is Stop and Frisk a return to Writs of Assistance type thinking? Is it constitutional?
What other practices by authorities do you think might cross the spirit of the Fourth Amendment- even as regards your 4th amendment rights?